Text: HF00028                           Text: HF00030
Text: HF00000 - HF00099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 29

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 368.19, unnumbered paragraph 1, Code
  1  2 1999, is amended to read as follows:
  1  3    The committee shall approve or disapprove the petition or
  1  4 plan as amended, within ninety days of the final hearing, and
  1  5 shall file its decision for record and promptly notify the
  1  6 parties to the proceeding of its decision.  If a petition or
  1  7 plan is approved, the board shall set a date not less than
  1  8 thirty days nor more than ninety days after approval for a
  1  9 special election on the proposal and the county commissioner
  1 10 of elections shall conduct the election.  In a case of
  1 11 incorporation or discontinuance, registered voters of the
  1 12 territory or city may vote, and the proposal is authorized if
  1 13 a majority of those voting approves it.  In a case of
  1 14 annexation or severance, registered voters of the territory
  1 15 and of the city may vote, and the proposal is authorized if a
  1 16 majority of the total number of persons residing in the
  1 17 territory and voting approves it and if a majority of the
  1 18 total number of persons residing in the city and voting
  1 19 approves it.  In case of severance, registered voters of that
  1 20 area of the city to be severed and of the remainder of the
  1 21 city may vote, and the proposal is authorized if a majority of
  1 22 the total number of persons residing in the area to be severed
  1 23 and voting approves it and if a majority of the total number
  1 24 of persons residing in the remainder of the city and voting
  1 25 approves it.  However, if there are no registered voters in
  1 26 the territory to be severed or annexed, a special election on
  1 27 the proposal shall not be conducted and the proposal shall be
  1 28 implemented as if the proposal was approved at a special
  1 29 election.  In a case of consolidation, registered voters of
  1 30 each city to be consolidated may vote, and the proposal is
  1 31 authorized only if it receives a favorable majority vote in
  1 32 each city.  The county commissioner of elections shall publish
  1 33 notice of the election as provided in section 49.53 and shall
  1 34 conduct the election in the same manner as other special city
  1 35 elections.
  2  1    Sec. 2.  EFFECTIVE DATE – APPLICABILITY.  This Act, being
  2  2 deemed of immediate importance, takes effect upon enactment
  2  3 and applies to any special election conducted pursuant to
  2  4 section 368.19 after the effective date of this Act to approve
  2  5 or disapprove a petition pending before the city development
  2  6 board before, on, or after the effective date of this Act.  
  2  7                           EXPLANATION
  2  8    This bill provides that an annexation or severance of
  2  9 territory to or from a city shall be approved by a majority of
  2 10 the city voters voting on the issue and by a majority of the
  2 11 voters voting and residing in the territory to be affected by
  2 12 the annexation or severance.  The city voters and the voters
  2 13 of the affected territory must separately approve the
  2 14 proposal.  Under current law, the proposal is authorized if a
  2 15 majority of the combined votes of the city voters and the
  2 16 affected territory voters approves the proposal.
  2 17    If there are no registered voters in a territory to be
  2 18 annexed or severed, a special election on the proposal shall
  2 19 not be conducted and the proposal shall be implemented as if
  2 20 the proposal was approved at a special election.
  2 21    This bill takes effect upon enactment and applies to any
  2 22 special election conducted to approve or disapprove a petition
  2 23 pending before the city development board before, on, or after
  2 24 the effective date of this bill.  
  2 25 LSB 1182YH 78
  2 26 tj/sc/14
     

Text: HF00028                           Text: HF00030
Text: HF00000 - HF00099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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